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HomeMy WebLinkAbout8.2 City Council Personal Devices, Personal Accounts, and Messages PolicySTAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 8.2 DATE:March 18, 2025 TO:Honorable Mayor and City Councilmembers FROM:Colleen Tribby, City Manager SUBJECT:City Council Personal Devices, Personal Accounts, and Messages PolicyPrepared by:Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY:The City Council will consider approving the City Council Personal Devices, Personal Accounts, and Messages Policy. This was requested under agenda Item 9 at the November 19, 2024 City Council Meeting. STAFF RECOMMENDATION:Adopt the Resolution Approving the City Council Personal Devices, Personal Accounts, and Message Policy. FINANCIAL IMPACT:None. DESCRIPTION:On November 19, 2024, under Item 9, the City Council requested Staff bring back for discussion a retention policy for text messages regarding City business, particularly those received during City Council meetings. The City currently has an adopted Records Retention Schedule, an Administrative Policy regarding Electronic Communications Retention, and an Administrative Policy regarding Public RecordsRequests. In City of San Jose v. Superior Court (2017) 2 Cal.5th 608, the California Supreme Court held that when personal accounts or devices are used to communicate about the conduct of public business, such records may be subject to disclosure under the California Public Records Act (CPRA). A policy (Attachment 2) was drafted based on the Records Retention Schedule, both administrative polices, and taking into consideration City of San Jose v. Superior Court. 215 Page 2 of 2 The policy does the following: Defines City Business, Messages, Transitory Messages, Records Messages, and Personal Devices. Includes a retention period for Transitory Messages and Record Messages based on the City’s adopted Records Retention Schedule. Explains how to preserve a Record Message received on a personal device or any personal account and provides instructions on methods to send Messages, as defined, from a personal device or account to a City email account. Provides guidance and requirements in responding to CPRA requests. Re-affirms City Council Norms to refrain from communications during City Council meetings on any agenda item. Sets responsibilities for the City Council and City Clerk, requires City Councilmembers to acknowledge the policy by signing a declaration either within seven days of approval of the policy or seven days of taking the oath of office, and recommends adoption of a City Council resolution every odd-numbered year to reaffirm the City’s support for the policy. Staff recommends the City Council adopt the attached resolution, approving the City Council Personal Devices, Personal Accounts, and Messages Policy. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Resolution Approving the City Council Personal Devices, Personal Accounts, and Message Policy2) City Council Personal Devices, Personal Accounts, and Messages Policy 216 Attachment 1 Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 1 RESOLUTION NO. XX – 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE CITY COUNCIL PERSONAL DEVICES, PERSONAL ACCOUNTS, AND MESSAGES POLICY WHEREAS,the California Public Records Act (CPRA) (Division 614 of the Government Code, beginning at section 7920.005) declares that “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state”; and WHEREAS,whether something is considered a public record depends on the content of the writing, not the medium in which it is kept, or the location where it is kept; and WHEREAS,members of the City Council occasionally use personal devices and personal accounts to communicate regarding City business; and WHEREAS,the City Council wishes to establish a policy around the retention and management of such City Council communications. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the City Council Personal Devices, Personal Accounts, and Messages Policy (the “Policy”), attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby acknowledges the benefit of this Policy. PASSED, APPROVED AND ADOPTED this 18th day of March 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 217 City of Dublin, CA City Council Policy Personal Devices, Personal Accounts, and Messages Original Effective Date: Revised Date: Page 1 of 4 City Council Personal Devices, Personal Accounts, and Messages Policy 1. Purpose:To ensure the proper handling and preservation of City Council business conducted through Councilmembers’ personal electronic devices, personal email accounts, and personal messaging accounts. 2. Overall Guidelines:The City Council discourages Councilmembers from using personal email accounts, personal messaging accounts, and personal electronic devices to conduct City Business. However, if personal devices are used, the following guidelines must be followed. 3. Policy Guidelines: a. Definitions i. City Business: Messages and emails sent or received relating to the work as a City Councilmember or the business of the City. ii.Messages: Any form of communication or information relating to the conduct of City Business, that is owned, used, or retained, regardless of form or characteristics. This includes communications or representations (e.g. symbols, emojis, sounds, pictures) sent or received through any technology, medium, or format, whether encrypted or not. Examples include, but are not limited to, text messages (SMS/MMS), emails, instant or direct messages, messaging applications, social media posts or comments, voice messages, images, videos, recordings, handwriting, photographs, and any other means of recording or transmitting communications, and any record thereby created, regardless of the manner in which the record has been stored. Messages are classified as Transitory Messages or Record Messages, based on retention requirements. iii. Transitory Messages: Messages, as defined, that are temporary, have a short- term value, and are not required for ongoing operations. Examples include, but are not limited to, routine requests for information, meeting notices, and general correspondence that does not document significant decisions or actions. Retention Period: When no longer required, in accordance with the City’s Records Retention Schedule. iv. Record Messages: Any and all Messages, as defined, sent or received during a City Council Meeting must be retained, in addition to Messages documenting significant decisions, actions, or transactions. Examples include, but are not limited to, policy decisions, official communications, communications related to agenda items, and any correspondence that must be retained for legal, Attachment 2 Exhibit A to the Resolution 218 City of Dublin, CA City Council Policy Personal Devices, Personal Accounts, and Messages Original Effective Date: Revised Date: Page 2 of 4 operational, or historical purposes. Retention Period: Four years, in accordance with the City’s Records Retention Schedule. v. Personal Device(s):A computer, mobile phone, or any other device that is not owned by the City, whether owned by the City Councilmember or not, that is used by the City Councilmember, in part, to send or receive Messages related to City Business. b. Preservation of Records: If an email or Message from a Personal Device or any personal account contains content that requires preservation under the definition of a Record Message, it must be: i. Memorialized through another record (e.g., memorandum, letter, or email) that is saved for its required retention period based on the content of the record; or ii. Copied or forwarded to a City email account, where it will be properly saved in compliance with this policy. c. Public Records Act Compliance and Records Requests i. Public Records Act Compliance: Emails, Messages, and records stored on a Personal Device or in personal accounts relating to City Business may be subject to the California Public Records Act. ii. Records Requests: In the event a request for records is received, City Councilmembers, to the extent required by law, must search for all records responsive to such request, including any records stored on Personal Devices and/or personal accounts, unless an exemption under the California Public Records Act applies. This would include Transitory Messages that have not been deleted and Record Messages. The City Clerk will notify City Councilmembers of a request for records that may be stored on Personal Devices and/or personal accounts, and the City Councilmember must send any responsive records to the City Clerk. d. Communication During City Council Meetings i. In accordance with Resolution No. 17-19 and the Dublin City Council Norms, City Councilmembers will refrain from sending any Messages, as defined in this policy, during City Council meetings on any agenda item. 4. Responsibilities: a. City Councilmembers are responsible for ensuring that any City Business conducted on Personal Devices and/or personal accounts is properly documented and preserved according to this policy. City Councilmembers are required to acknowledge this policy by 219 City of Dublin, CA City Council Policy Personal Devices, Personal Accounts, and Messages Original Effective Date: Revised Date: Page 3 of 4 signing the attached declaration either within seven (7) days of taking their oath of office or within seven (7) days of the effective date of this policy for those currently in office at the time the City Council adopts it. b. The City Clerk must ensure that City Councilmembers are aware of and acknowledge this policy by signing the attached declaration 5. Procedures a. Instructions for Sending Text Messages to City Email. To ensure text messages are properly preserved, City Councilmembers should follow these steps to forward a text message to their City email account: i. Open the text messages you want to forward. ii. Tab and hold the message until options appear. iii. Select “Forward” or the equivalent option. iv. Enter your City email address in the recipient field. v. Send the message. b.Instructions for Sending Screenshots of Messages to City Email.If Messages cannot be forwarded directly using the procedures outlined above, City Councilmembers should take screenshots of the Messages and attach them to an email addressed to their City email address. Messages contained in other formats should be attached to an email addressed to their City email address. 6. The City’s Ongoing Commitment to this Policy. City of Dublin Staff shall recommend the adoption of a City Council resolution in each odd-numbered year to reaffirm the City’s support for this policy. Approved: By City Council Resolution No. XX-25 Summary of Revisions March 2025 – Adopted 220 CITY OF DUBLIN City Council Personal Devices, Personal Accounts, and Messages Policy On March 18, 2025, the City Council adopted Resolution No. XX-25 Approving the City Council Personal Devices, Personal Accounts, and Messages Policy (the “Policy”). Section 4.a of the Policy states that City Councilmembers are responsible for acknowledging the Policy by signing this declaration either within seven days of taking their oath of office or within seven days of the effective date of the Policy. To ensure full compliance with the Policy, the Mayor and City Councilmembers shall execute a declaration under penalty of perjury, on this form or another form provided by the City Clerk, stating that they are aware of and acknowledge their responsibility to properly document and preserve any communication related to conducting City Business on Personal Devices and/or personal accounts. The required declaration shall be filed with the City Clerk within seven days of taking the oath of office or within seven days of the original effective date of the Policy. My office of: Mayor Councilmember I, ___________________________________, hereby certify under penalty of perjury that I understand the City Council Personal Devices, Personal Accounts, and Messages Policy and commit to full compliance with the Policy. _________________________________________________________________________________ (Date)(Signature) 221 City Council Personal Devices, Personal Accounts, and Messages Policy March 18, 2025 222 Background •Requested under Agenda Item No. 9 on November 19, 2024. •Current Guidelines: –Administrative Policy regarding Electronic Communications Retention –Administrative Policy regarding Public Records Requests –City of San Jose v. Superior Court (2017) 2 Cal.5th 608 –Resolution No. 17-19, Dublin City Council Norms –City’s Adopted Records Retention Schedule 223 Draft Policy •The Policy does the following: –Defines City Business, Messages, Transitory Messages, Records Messages, and Personal Devices. –Includes a retention period for Transitory Messages and Record Messages based on the City’s adopted Records Retention schedule. –Explains how to preserve a Record Message received on a personal device or any personal account and provides instructions on methods to send Messages from a personal device or account to a City email account. –Provides guidance and requirements in responding to California Public Records Act requests. 224 Draft Policy, 2 –Re-affirms City Council Norms to refrain from communications during City Council meetings on any agenda item. –Sets responsibilities for the City Council and City Clerk. –Requires Councilmembers to acknowledge the Policy by signing a declaration either within seven days of the approval of the policy or seven days of taking the oath of office. –Directs Staff recommend adoption a resolution every odd-numbered year to reaffirm the City’s support for the policy. 225 Recommendation •Adopt the Resolution Approving the City Council Personal Devices, Personal Accounts, and Messages Policy. 226 Questions? 227